The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two hours of community service, and forty hours of completion of sexual assault treatment programs) that the court below made is too unreasonable.

2. The crime of this case is not less complicated in light of the method and degree of indecent act, etc., and the victim is also deemed to have suffered considerable mental impulse, but did not agree with the victim until the trial.

However, the defendant is the first offender, and the defendant seems to have committed the crime of this case in a contingent manner, and the crime of this case has been divided in depth and has not committed a second offense.

The defendant did not attempt to reach an agreement with the victim because he could not know the identity of the victim and did not recover from damage. The defendant is a student attending a university who has not yet completed the military unit, and the mother of the defendant is leading with the defendant's preference.

In full view of all the records and the sentencing conditions shown in the instant case, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence sentenced by the lower court is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination that a sexual crime subject to registration is subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).